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Nicola-mod, Moderator

Category: Employment Law

Satisfied Customers: 21

Experience: Moderator

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Hi
I have recently been through redundancy risk at work and

Customer Question

Hi I have recently been through redundancy risk at work and was placed into a role which was fundamentally different to my existing one and due to my end of year rating being too high i was not allowed to apply for VR. At the time there was no real package for me as had less than 2 years service so i sought alternative employment and handed in my notice. Since then the business has confirmed they will pay notice in lieu and award a shares bonus which i am not entitled to as have resigned. My grievence is had i known about this i would have pushed harder to be considered for VR. Have i got a case?

Hello, my name is Ben and it is my pleasure to assist you with your question today. What are you pursuing them for here - just the shares?

JACUSTOMER-asd3fa4t- :

Ben,

JACUSTOMER-asd3fa4t- :

The shares are 3% of my anual salary, the notice period is 2 months pay free of tax and NI

JACUSTOMER-asd3fa4t- :

Do you need any further information?

Ben Jones :

When you are resigning are you not going to work through a notice period anyway for which you will be paid?

Customer :

I am only working for 5 weeks of a 12 week notice period by mutual agreement due to my redundant role finishing at year end

Customer :

I will be paid for what i work and could take garden leave for the remainder if a pushed but not be paid in lieu like everyone else who has been made redundant

Ben Jones :

ok so the only issue really is the shares because you are getting paid a notice period anyway

Customer :

No the issue is i was not allowed to opt for redundancy which would have been worth c £12k to me.

Customer :

The role they offered is fundamentally different to my existing one and due to my end of year rating being too high i was not considered for VR. At the time the package was virtually nothing as the business had not disclosed that they would pay noitce in lieu or share awards

Ben Jones :

Well that creates a further issue in a sense that if the only option was VR then the employer is entirely free to select who they grant this to and who they reject. So when they say there is an option for VR, what usually happens is that a number of employees will put their names forward and then it would be for the employer to select who is granted their application for VR and who isn't. However, if the job you were offered in place of your old role was not suitable then you could have rejected it and opted for redundancy instead. If the employer refused to acknowledge that there was a redundancy situation and that forced you to resign, all you can do now is make a claim for constructive dismissal and seek compensation for the redundancy pay and other associated benefits

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer :

Hi Ben

Customer :

Can i still claim unfair dismissal even though they actually offered me a role?

Ben Jones :

They offered you a role but that was not a suitable alternative so you did not have to take it and if they refused to offer anything suitable or make you redundant then the only option you had was to resign and that would allow you to claim constructive dismissal

Customer :

Thanks, do you think i have a good case?

Ben Jones :

Well we cannot advise customers their chances of success as we have little info to go by, all we can do is the law that relates to your position and what you can do about it

Ben Jones :

Sorry, it is just site rules

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer :

Hi Ben just one last question, as i have not completed 2 years service can i still claim constuctive dismissal?

Ben Jones :

Apologies I must have missed the length of your service - no, with less than 2 years of service you can't claim constructive dismissal, unless your employment started before 6 April 2012 - then you do not need 2 years but one, so if you had started before that date you already have the necessary year to claim, but if you had started after it then you do not.

Ben Jones :

Do let me know if this has clarified your position or if there is anything else I can help with, thanks

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